Common use of Operational Responsibilities Clause in Contracts

Operational Responsibilities. Set forth below is a list of the ComEd Responsibilities. These ComEd Responsibilities are in addition to any other ComEd responsibilities or duties that are expressly set forth this Agreement. ComEd shall: (a) follow the directions set forth in this Agreement or any applicable Statement of Work regarding location, configuration, orientation and power of Equipment. (b) cause its other contractors to cooperate with Contractor so as not to impede Contractor in the timely performance of its obligations; (c) make office space, furnishings, telephones, and network connectivity available to such of Contractor’s personnel who are required to perform Services at the ComEd Premises throughout the period required for the performance of the Services and maintain such space at no charge to Contractor. All such resources are to be used exclusively for the performance of Contractor’s duties to ComEd. (d) provide reasonable access to ComEd’s facilities during working hours to be reasonably requested by Contractor and for which Contractor will provide ComEd with projections for the number of personnel and, upon reasonable advance notice to ComEd, at all other times. Subject to ComEd’s policies, necessary remote access to ComEd facilities shall be permitted on a twenty four hour, seven days a week basis; (e) participate in the conduct of training sessions; (f) timely participate in meetings and make its personnel readily available for such meetings; (g) approve or (where justified hereunder) reject deliverables and reports provided to ComEd by Contractor within a reasonable period of time after receipt no late than the periods set forth in this Agreement or any applicable Statement of Work; and (h) promptly provide Contractor with information regarding ComEd that is readily available to ComEd and reasonably required for the performance of the Services.

Appears in 2 contracts

Sources: Services Agreement (Silver Spring Networks Inc), Services Agreement (Silver Spring Networks Inc)

Operational Responsibilities. Set forth below is a list of the ComEd Responsibilities. These ComEd Responsibilities are in addition to any other ComEd responsibilities or duties that are expressly set forth this Agreement. ComEd shall: (a) follow LICENSEE at its own cost and expense shall be responsible for maintenance of its equipment and improvements, if any, in accordance with all applicable laws and regulations. All maintenance work shall be performed by certified steeplejacks or contractors, whose certificates of insurance are on file with LICENSOR and previously approved in writing when requested by LICENSOR. In the directions set forth event LICENSOR in its sole opinion, determines that any structural modifications or repairs are needed to be made to its tower or surrounding premises due to the presence of LICENSEE's equipment or other improvements, LICENSOR shall give notice of such fact to LICENSEE, and LICENSEE shall have the right to (i) terminate this Agreement by giving ten (10) days written notice to LICENSOR, or any applicable Statement (ii) LICENSEE may make this needed modifications and repairs, except as otherwise agreed upon by the parties at its sole cost and expense, in accordance with provisions of Work regarding location, configuration, orientation and power of EquipmentParagraph (4) (a) hereto. (b) cause LICENSOR agrees that LICENSEE shall have free access to the tower and associated equipment shelters for the purpose of installing LICENSEE's radio equipment, and that during the continuation of this Agreement, LICENSEE shall have free ingress and egress to the said tower and associated equipment shelters for the purpose of maintaining and repairing LICENSEE's equipment. LICENSEE agrees that only authorized engineers of LICENSEE, or persons under their direct supervision (including subcontractors), will be permitted to enter said property for any purpose as permitted herein. Additionally, LICENSEE agrees that its coaxial cable must be permanently identified at the top and bottom and that all equipment(radio cabinets) inside LICENSOR's equipment building shall be identified with labels provided by LICENSOR. LICENSEE understands and agrees that other contractors licensees and their authorized representatives shall similarly have access, ingress and egress to cooperate with Contractor so as not to impede Contractor in the timely performance of its obligations;tower for similar purposes. (c) make office spaceLICENSOR at all times during the term of this License Agreement will maintain, furnishingsat its expense (including the costs of any utilities), telephones, the tower and network connectivity available to such of Contractor’s personnel who are required to perform Services at the ComEd Premises throughout the period required for the performance of the Services tower sites and maintain such space at no charge to Contractor. All such resources are to be used exclusively for the performance of Contractor’s duties to ComEd.will (d) provide reasonable access to ComEd’s facilities during working hours to be reasonably requested by Contractor Provided that LICENSEE is not in default in the performance of its obligations hereunder beyond any applicable notice and for which Contractor will provide ComEd with projections for the number of personnel and, upon reasonable advance notice to ComEdcure periods, at all other times. Subject to ComEd’s policies, necessary remote access to ComEd facilities shall be permitted on a twenty four hour, seven days a week basis; (e) participate in the conduct expiration of training sessions; (f) timely participate in meetings and make its personnel readily available for such meetings; (g) approve or (where justified hereunder) reject deliverables and reports provided to ComEd by Contractor within a reasonable period of time after receipt no late than the periods set forth in this Agreement or earlier termination hereof, LICENSEE shall remove its equipment and/or LICENSEE's equipment house, if any, provided that such removal is done by a certified steeplejack or contractor previously approved in writing by LICENSOR, as provided for in paragraph 6a., and in accordance with a previously approved removal plan, in a workmanlike manner, without any applicable Statement of Work; and (h) promptly provide Contractor with information regarding ComEd that is readily available interference, damage or destruction to ComEd and reasonably required for the performance any other equipment, structures or operations of the Servicestower, and without injury or damage to the tower. Any and all interference or damage caused to the tower or operations of the tower by such removal shall be immediately repaired or eliminated by LICENSEE. If LICENSEE fails to make such repairs within three (3) days after occurrence of such damage, injury or interference, LICENSOR may perform all the necessary repairs at LICENSEE's cost and expense and such sum shall be immediately due upon the rendering of an invoice as an additional fee hereunder.

Appears in 1 contract

Sources: License Agreement (Pathnet Inc)